Michael Knaapen, back to camera, and his husband John Becker, embrace after the Supreme Court struck down a federal provision denying benefits to legally married gay couples in front of the Supreme Court in Washington, Wednesday, June 26, 2013. In a major victory for gay rights, the Supreme Court on Wednesday struck down a provision of a federal law denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California. (AP Photo/Charles Dharapak)

The Supreme Court ruling that legally married same-sex couples are entitled to federal benefits may not have a direct impact on the city's or county's extension of benefits, local leaders said Wednesday.

But the ruling is seen as a major victory for the gay rights movement, and many El Pasoans consider it a step forward in getting lawmakers in the deep-red state of Texas to expand privileges to gays and lesbians and eventually allow same-sex marriages in the state.

Opponents said they're disappointed if not outraged at the ruling, including some El Paso-area residents, who said their fight in support of the Defense of Marriage Act is not over.

A provision in the act, which prevented married gay couples from receiving federal health, tax and retirement benefits, was invalidated by the U.S. Supreme Court in a 5-4 vote on Wednesday.

In addition, the Department of Defense said Wednesday it will begin providing the same available benefits to all military spouses regardless of sexual orientation, as soon as possible, to all who serve in the armed forces.

"That is now the law, and it is the right thing to do," Secretary of Defense Chuck Hagel said in a statement. "Every person who serves our nation in uniform stepped forward with courage and commitment. All that matters is their patriotism, their willingness to serve their country, and their qualifications to do so."

Advertisement

The ruling will also give the Obama administration the ability to broaden other benefits through executive actions.

Partner benefits

Both the city and county governments of El Paso already provide benefits to their employees' partners, and have faced lawsuits by those who oppose the extension of those benefits.

"The Supreme Court ruling is a further reflection on the evolution of this issue," the city said in an email statement. "As for the city, the voters affirmed the charter change that now governs provision of employment and benefits."

In May, voters approved a City Charter amendment that added gays to its nondiscrimination policy. The charter amendment "affords equal employment and benefit opportunities" to all qualified individuals without regard to their gender identity, sexual orientation or marital status. The City Charter can be changed by voters only every two years, and the City Council decides which proposed amendments make it onto the ballot.

'Closer to equality'

County Judge Veronica Escobar said the ruling means "the nation is moving closer and closer toward equality for all," and she added that the county will continue to provide benefits to gay or unmarried partners of its employees. The county began offering those benefits in August 2012, and one employee has applied and qualified for them, she said.

REPORTER

Cindy Ramirez

"Finally, the courts are catching up with the mood of the nation," Escobar said.

Local activist Carl Starr sued the county after Texas Attorney General Greg Abbott in April issued an opinion saying local governments and school districts that offer domestic benefits to same-sex partners are violating the Texas Constitution. The case was disposed and Starr said Wednesday he had no plans to appeal, given the U.S. Supreme Court decision.

Escobar, like city officials, said she believed Abbott's opinion was not binding.

Bishop Tom Brown of the Word of Life Church, who led efforts to recall elected city officials who voted in favor of reinstating partner benefits after a controversial public vote on the matter, said the court ruling disappointed him. He said he believed the decision will divide the nation even further.

"It's very dangerous when a Supreme Court overrules people's democratic rights," Brown said. "We saw that here in El Paso with the City Council overruling our votes."

The city began offering the partner benefits in 2010, and voters later that year approved an anti-domestic-partners measure put on the ballot under an initiative driven by Brown. After much controversy about its wording and unintended impact on many other city employees, the measure was overturned and the council restored the benefits in June 2011.

Brown said he doesn't believe the Supreme Court ruling or the City Charter amendment provides for partner benefits in state or local government, including in El Paso.

"They're still under the Texas Constitution, and they have to abide by that law," Brown said, citing Abbott's opinion.

Brown added that he's giving the new mayor and council an opportunity "to do the right thing on their own," and plans to plead that they end the domestic partners benefit.

Mayor Oscar Leeser said he would welcome Brown to share his thoughts and beliefs with the City Council just like any other member of the public, but he repeated his campaign pledge that he would never discriminate against any people because of their preferences.

"Furthermore, the voters of El Paso also voiced their non-discrimination beliefs by approving City Charter Amendment No. 7, which provides for nondiscrimination in employment and provision of benefits," Leeser said in a written statement. "As mayor, I will uphold the will of the voters."

Same-sex marriages

The Supreme Court on Wednesday also declined to decide a case from California, effectively allowing same-sex marriages there.

The rulings leave in effect state laws banning same-sex marriage around the nation, and the court declined to say whether there was a constitutional right to same-sex marriage.

But in clearing the way for same-sex marriage in California, the nation's most populous state, the court increased to 13 the number of states that allow such unions.

Archbishop Salvatore J. Cordileone of San Francisco, chairman of the U.S. bishops' Subcommittee for the Promotion and Defense of Marriage, issued a statement on behalf of the Roman Catholic Church in response to the court's ruling.

He said the high court "overturned a law that respects and enforces the principle that it's in the best interests of the child to be raised by their mother and their father."

In the statement, he said the effect of the court's decision is to "undermine in the law the principle that children have a right to a mother and father."

Cordileone also noted that to have a "healthy vibrant society, we need to reclaim a marriage culture."

The archbishop pointed out that he has said all along that no matter how the court ruled, "our work remains unchanged. We need to catechize our people about marriage."

"Even if the court issued a ruling that we liked, we would still have a lot of work to do in helping our people understand what marriage really is, why marriage is important for the public good and why it's essentially an institution to support social justice, justice for the sake of children," Cordileone added.

Gay-rights advocates said the ruling opens the door for more states to adopt same-sex marriage laws, including Texas, where it's outlawed.

"We can celebrate one step further into a life of equality and inclusion for the LGBT community," said the Rev. Kati Houts, senior pastor at the Metropolitan Community Church of El Paso. Founded in 1980, the church comprises primarily people from the LGBT community.

"Now, when is the state of Texas going to get on board?" asked Houts, who has been with her partner for 31 years.

Houts said that each year she performs about 15 holy unions, in which LGBT couples are given certificates of witness but are not legally recognized as married.

"It's one step closer," Houts said, calling the Supreme Court ruling a partial victory. "We have 13 states that recognize same-sex marriage and have a ways to go. It's slow, but it's one step forward."

State Rep. Mary Gonzalez, D-El Paso, said the Supreme Court rulings also amount to an advance for Texas, which saw a decrease in anti-LGBT proposals during the past legislative session.

"With the ruling on DOMA on top of expanding rights to all, I believe that in the next legislative session we will continue more support for the LGBT community," said Gonzalez, who identifies herself as LGBT and said the justices' ruling "was a lot more personal" than most of the decisions the high court makes.

"This impacts so many families, so many people, so many children's lives," Gonzalez said. "Everybody should have the same access to privi-leges."